Bradford v. Davis, No. 15-99018 (9th Cir. 2019)Annotate this Case
Petitioner challenged the district court's limited grant of habeas relief as to his death sentence and the state cross-appealed. Petitioner was convicted of first-degree murder, first-degree robbery, rape, and sodomy. The Ninth Circuit vacated the district court's grant of habeas relief, finding that the California Supreme Court did not unreasonably apply clearly established federal law and that its holdings were not contrary to federal law.
The panel held that petitioner has shown cause to overcome the procedural default of his claims for ineffective assistance of counsel and prosecutorial misconduct for the suppression of his toxicology test results. Therefore, the panel remanded for the district court to consider whether petitioner has established prejudice as to either claim. Finally, the panel declined to expand the certificate of appealability to include petitioner's uncertified claims.